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LIZARDO v. U.S.

No. 08-2044.

619 F.3d 273 (2010)

Juan Francisco LIZARDO, Appellant v. UNITED STATES of America.

United States Court of Appeals, Third Circuit.

Filed: August 10, 2010.

Attorney(s) appearing for the Case

Nelson L. Jones , Office of United States Attorney, United States Courthouse, St. Thomas, Virgin Islands, for Appellee.

Joseph A. DiRuzzo, III , Law Office of Marjorie Roberts, St. Thomas, Virgin Islands, for Appellant.

Before: SMITH, CHAGARES, and JORDAN, Circuit Judges.

OPINION

SMITH, Circuit Judge.

Juan Francisco Lizardo was convicted of various drug crimes in the District of the Virgin Islands. He later petitioned for relief under 28 U.S.C. § 2255. The District Court denied his petition and he sought and received a certificate of appealability to this Court.1 Three issues were certified for appeal, but the first is dispositive: whether Lizardo's untimely motion for reconsideration,

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